Your Rights: Trials and Punishments

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Questions and Answers

What does the Sixth Amendment state about someone accused of a crime?

Must go to trial in the state and area where the crime took place.

Which of these provisions is part of the Eighth Amendment?

  • Reasonable bail must be set. (correct)
  • Right to a speedy trial.
  • Right to an attorney.
  • Protection from self-incrimination.

Under what condition may people accused of crimes and awaiting trial be released from custody?

If they agree to pay bail.

What did the case of Furman v. Georgia (1972) reinterpret?

<p>Cruel and unusual punishment.</p> Signup and view all the answers

What did the impact of Furman v. Georgia (1972) require states to create?

<p>Clear standards to be applied fairly before imposing the death penalty.</p> Signup and view all the answers

What are the basic freedoms guaranteed to Americans by the Constitution called?

<p>Civil liberties.</p> Signup and view all the answers

What does the Eighth Amendment prohibit?

<p>Cruel and unusual punishment.</p> Signup and view all the answers

In the Sixth Amendment, what suggests that accused persons will be able to hear the charges against them?

<p>&quot;Informed of the nature and cause of the accusation.&quot;</p> Signup and view all the answers

What right do accused persons have regarding witnesses?

<p>To request a witness to appear in court.</p> Signup and view all the answers

What can we say about a man sentenced to five years in prison for walking across his neighbor's lawn?

<p>The punishment is disproportionate to the crime.</p> Signup and view all the answers

Flashcards

Sixth Amendment (location)

Guarantees the right to a trial in the state and district where the crime occurred.

Eighth Amendment and Bail

Prohibits excessive bail, ensuring it is reasonable and not used to keep someone in custody unfairly.

Condition for Pre-Trial Release

Allows temporary release from custody before trial if the accused pays an amount as a guarantee to appear in court.

Furman v. Georgia (1972) Impact

Reinterpreted this concept, leading to stricter guidelines for the death penalty.

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Result of Furman v. Georgia

Required them to establish clear, fair, and consistent standards for applying the death penalty.

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Civil Liberties Definition

Fundamental rights and freedoms guaranteed to individuals by the Constitution, protecting them from governmental overreach.

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Eighth Amendment Prohibition

Bans cruel and unusual punishment, ensuring penalties are proportionate to the crime.

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Informed of Accusation

Ensures that the accused is fully aware of the charges against them, facilitating a fair defense.

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Right to Compel Witnesses

Accused persons can compel witnesses to appear in court on their behalf.

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Disproportionate Punishment

The severity of the punishment does not fit the crime committed.

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Study Notes

Sixth Amendment

  • Guarantees the right to a trial in the state and district where the crime occurred.
  • Ensures the accused has a speedy, public trial by an impartial jury.

Eighth Amendment

  • Prohibits cruel and unusual punishment.
  • Mandates that reasonable bail must be set for accused individuals.

Bail

  • Individuals awaiting trial can be released from custody by paying bail.
  • Bail serves as a financial assurance for court appearance post-release.

Furman v. Georgia (1972)

  • Landmark case that redefined "cruel and unusual punishment."
  • Resulted in states needing clear, fair standards before imposing the death penalty.

Civil Liberties

  • Fundamental freedoms guaranteed to all Americans by the Constitution.

Rights of the Accused

  • Accused individuals must be informed of the nature and cause of accusations against them.
  • They have the right to confront witnesses and can request a witness to appear in court.

Proportionality of Punishment

  • Example of a disproportionate sentence includes being sentenced to five years for a minor offense, such as walking across a neighbor's lawn.

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